Approved Code No. 154- Ame ndment No. 1 ltegistry No. 1136- 01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR C·OMPETITION 

FOR THE 

METAL TANK INDUSTRY 

AS APPROVED ON AUGUST 2, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale bv the Superintendent' of Documents, Washington, D.C. • - - • • - • • Price 5 cents 
This publicati n i for ·nl by the • UIJ rint nd nt of D o un~ent., Go· Tnment 

Printing Office, Wa ·bington, D. '., an l by 'i ·trid om ·e.· oE th Bur nu of 

Foreign and em • tic orumer ·c. 

DISTRICT OFFICES OF THE DEPARTMENT OF CO~-MERCE 

AtLJHta, Ga.: G04 Post ffi ·e Buillio~. 

Birmino·ham, Ala.: 2:57 F i.le ral Building. 

Bo ton, l\la ~- : 1u01 'u tomhou e. 

Buffal , N.Y.: baml..>er of ommer ·e Buihlin<l'. 

harl e ton, .C.: Cll umher f Commer c Uuil cling. 

Chicao·o, Ill.: uite 170G, 201 North Well 'tr et. 

Cleveland, Ohio : Chamber f Commerce. 

Dalla , Tex. : hamb r of C mmerce Builclin ·. DetroH, l\li ·h.: 801 Fir t National Bunk Buildincr. H ousto n, Tex.: hamber f C rum rc Builling. 

Indianapoli., Ind.: Chaml.>er of Commer · Building. Jad:.:~onv ille, Fla.: baml.ler of Commer e Building. 

Kansas City, Mo. : 1028 Baltimore A v uue. 

Los Angeles, alif.: 1163 • outll BToadway. 

Loui viii~, Ky.: 40 Federal Buildin"'. 

JI.I emplli. ·, Tenn. : :..29 Federal Building. 

1Ylinneap li ·, Minn.: 213 Federal Buil<liuo·. Tew Orlean·. La.: Hoom 225-A. u tomhom:e. 

New York, .Y.: 734 u tomhcuse. 

Norfolk, Va.: 40'6 E:1 t Plum Street. 

PhiladelpLia, Pa.: 422 'omm rc.:ial Tru t Builling. 

Pitt. burgh, Pa. : humber of 'ommerce Building. 

Portland, OreO'. : 215 N w P o t Office Buildin 

t. Louis, l o.: 506 Olive Street. 

San Francisco, Calif. : 310 u tomhou e. 

Seattle, Wa. h.: o09 Fe Jeral Office Building. 
Approved Code No. 154-Amendment No. 1 

Al'vlENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

METAL TANK INDUSTRY 

As Approved on August 2, 1934 

ORDEE 

APPROVING AMENDMENTs To THE CoDE OF FAIR CoMPETITION FOR THE 

METAL TANK INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

;Recovery Act, approved June 16, 1933, for approval of amendments 

to the Code of Fair Competition for the :Metal Tank Industry, and 

hearings having been duly held thereon and the annexed report on 

said amendments, containing findings with respect thereto, having 

been made and directed to the President: 

NO\V. THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the President, including E4ecutive Order 6543-A, dated December 3Q, 1933, 

and otherwise, do hereby incorporate by reference, said annexed 

report and do find that said amendments and the Code as constituted 

after being amended comply in all respects with the pertinent provisions and will promote the policy and purposes of said Title of 

said Act, and do hereby order that said amendments be and they are 

hereby approved, and that the previous approval of said Code is 

hereby modified to include an approval of said Code in its entirety 

as amended, such approval and such amendments to take effect 

fifteen days from the date hereof, unle s good cause to the contrary 

is shown to the Administrator before that time and the Administrator i sues a subsequent order to that effect. 

HuGH S. JoHNSON, 

Ad1ninistrator f01' I nd'l.tstrial Recovery. 

Approval recommended : 

BARTON W. J\1uRRAY, 

Division Ad11~inistrator. 

WAsmNGTON, D.C., 

August 2, 1934. 

7803D 0----l044-21----34 (1} 
REP RT TO THE P E IDENT 

Th PRE IDE NT' 

The 1Vhit ' Hous 

m: Thi · i a re1 rt on the Am nclm nt.· t th d . of Fair 

Comp ition for the M tal Tank In lu try, a r 'i eel aft r a Pnbli 

H arino- ondu t d in 'Va hington on May 2 , 1934, in accor lane 

with Article IX, ection (g) of aid ole as appr v 1 n emb r 

15 1933. Du opportunity to be heard wa. · afford l all inter t d 

partie . 

The Amendment · provide f r mandator as e . ment again t 

members of th Indn try :for the expen e of Code Admini tration; 

revi ion of and additions t th trade 1 racti e provi ion to m t the 

need of the Indu try. 

FINDINGS 

The Deputy Adn1ini trator in his final report to me on said 

Amendments to said Code having found as herein et forth and on 

the ba is of all the proceeding in this matter : 

I find that: 

(a) The An1endments to said Code and the Code a amend d are 

well de igned to promote the policies and purpo e of Title I of the 

National Industrial Recovery Act, includino· the removal of ob tru -

tion ~ to the free flow of inter tate and forei ·n comm r e "hi h t en 

to diminish the amount thereof, an 1 "ill prm ide :for th general w 1-

fare by promoting the organization of Industry fo · the ptu~po e of 

cooperative action amon ·trade gToups, by inducino- and maintaining 

united action o:f labor and manao-ement under ad quat o· v rrun ntal 

sanction and supervision, by eliminatino- unfair mp i .iv pra -

tice by promotino- the full e~ t p ibl n ilization of the pre. en 

productive capacity o:f indu trie ·, by avoi Ena nnlu r '. tri Li n of 

pro luction (ex ept a·· may be temr orarily r qnir l) by incr a ·inoth con. umption of indu trial and ao-ricultural produ L thr u )/h 

increasing purcha ·in · po,Ter, by reducing and reli ving un mpl yment, by imr roving , tan ~ard: of labor, and y oth rwi ~ rehabili t-

]ng inclu. ry. 

(b) The ode as amend l ·ompli · in all re pe t · ' ith th p r in nt proYi ion. of said Titl of ai l ct including with ut limitati n nl ·e tion (a) of cction 3 ub ~ ti n (a) of k e tion 7 and 

ub e tion (b) of e tion 10 th re f. 

( ) Th od mpo" r ih ml uthority t 1 r · nt h a:f r '- ~· aiel Am n lm nt · on J half of th . Inclu try :L· a w·h I . 

( l) The Amencln ent and th o l c amcncl' 1 ar . no d . ign l 

to and will n t pc'rmit mon 1 oli :or m n poli. · i 1 rartic s. 

( ) The ..._ mendm nt. and th tl { s amend d are not a sign~" l 

to and ·will not eliminate or oppr .. · ·mall ~n rpri · an l ill n 

op rate to Ji · rim ina c a o·ain t th 111. 

(2) 
3 

(f) Those en aged in other step of the economic proces have not 

been deprived of th right to be heard prior to approval of said 

Amendments. 

For these rea on , the e Amendments haYe been approve l by me. 

Re pectfnlly 

A UGU T 2, 1934. 

II UGH s. J OTINSON' 

Administ1·ator. 
A~fE DMENT T 

TilE 

p RP . E 

TI ~ F R 

Pnr ua1 t to rticl I r 1 e ·tion (g) of th o 1c f Fair omp tition for th I\Ietal 1 anlc nlu try duly approve l by th P · ·.·icl ut 

on D · mber 15, 19; :3, ancl further to :ffe -tuate th p lici ,. of Titl~ 

I of th ational lmln 'trial Rec v<: ry A-t, the Iollm-ring am n 1-

m n ar r:tnbli h 3 cl a. a part of sai 1 10cl of 1 air om1 tition ancl 

hall b bin lino· n1 on eY ry memb r of t.h I\1 tal Tank Ill(lustry. 

ARTI LE VI-Aol\UKil-:Tn . Trox 

Th second )nten of ub ·e tion ( ) of e tion 1 i. · h reb. 

amende 1 by deleting the '"or l ' reatino· and' to r a l a · follo\ · : 

An. m mber of tbe Indu try may parb ·ipatc jn th pr paratiou 

an l any r Yi ·ion of an l addition · or supplement t thi · otl by 

a nmin()' hi har' of the re ·pon ibility f admini t rin it an l 

pa} ing hi proper pr(Jrata ·hare of the co t f admini t rin()' it, ith r 

by becomin()' a member of the A o iation r by paying hi 1 ror r 

share of the cots to the Code Authority. 

There is h r by added at the en 1 of S ction 2 a new ub- ·e ti n 

lettered ( i) to rea c1 a follow : 

(i) Nothing contained in thi Code hall on titute the m mbrrs 

of the Code Authority partner for any purpo e. Nor hall any meJ -

her of the Cole Authority be liable in any manner to any n f r any 

act of any other m mb r, officer, agent or employee of th 1 

Authority. Nor shall any member of the od Authority x r i incr 

r a onable diligence. in th onduct of hi 1ntie h reund r b liable 

to any one for any a tion or omi ·ion to a t und r th c1 xc 1 t 

for hi own wilful malfea ance or nonfea an . There are her by adele 1 at the nd f tion 2 n w ~ cti ns 

numbered ection 3, ection 4 ani tion 5 to r ad a. f ll ' ·: 

E TION . It b ing found nece ~ ary in or r to UPI rt th a }ministration of this ode and to maintain the tandard f fair omr -

titian e tabli heel h reund r and to ffcctnat the poli y f th Act, 

th ode Authority i authoriz d: 

(a) To incur su h rea on able obliCYati n a are n 

pr 1 r for the foregoing p~rpos and .t m et . u ·1~ bli()'ati n: . u 

of fund ' hich may be ra1 ed as h r maft r pr 'Hl l a 1 wln h 

shall be held in tru t f r th purp e f th c1 • 

( ) To submit to the A lmini trat r f r hi appr al 

such n ti and I portunity to b h r a. h rna. l m n 

(1) an it miz d budg t o:f it-, tim t l xp n f r th f r 

purpo e , and (2) an quitabl ba i ur n whi h th fnn 1 n 

to upport such bu io- t hall be con ribut by m m r. 

Industry; (4) 
5 

(c) After such budget and basis of contribution lave been approved by the AJministrator, to determine an l obtain eqnitabl contribution as above et forth by all memb r · of the Indnstry, and to 

that nd, if ne essary, to institute legal 1 roc dings therefor in its 

own name. 

SECTION 4. Ea h m mber of the Industry shall pay h is r its equitable contribution to the expenses of the m.aintentlnce of the Code 

Auth rity, determined a. hereinabove provided, and snbject to rul es 

and regulations pertaining ther eto is u ed by the A<lmini. tratnr. 

Only member of the Indu try complying with the Code and contributino· to the expenses of it a lministration as hereinabove provided, unless du{y exempted from mah::ing such contribution, shall be 

entitled to participate in the selection of members of the Cod 

Authority or to r eceive the benefits of any of it::s voluntary activities 

or to make e of ::my emblem or insignia of the National Recovery 

Adn inistration . • 

SECTION 5. The Code Authority shall neither incur nor pay any 

obligation substantially in excess of the amount thereof as estimated 

in its approved budget; and shall in no event exceed the total amount 

contained in the ai)proved budget except upon approval of the Administrator; and no subsequent budget shall contain any deficiency 

item for expenditures in excess of prior budget estimates except those 

which the Administrator shall have so approved. 

ARTICLE VII-TnADE PRACTICES 

Section 1, sub-section (d) is hereby delet ed, and there is added a 

new sub-section lettered (d) to read as follows: 

(d) Secretly offering or making any payment or allowance of a 

rebate, refund, commission, credit, unearned discount or excess allowanco, IYhethcr in the f orm of money or otherwise, or secretly offering 

or extending to uny customer any special service or privilege not extended to all customers of the same class, for the purpose of 

influencing a sale. 

Section 1, sub-section ( s) is hereby amended to read as follows: 

(s) Changjng quotations, except (1) to make them conform to 

revisions in price lists; (2) to adjust such quotations to changes in 

specifications; ( 3) to correct bona fide errors. 

There is hereby added at the end of Section 1, sub-section ( v) a 

new sub-section lettered ( w) to read as follovvs: 

( w) Giving, permitting to be given, or offering to give, anything 

of value for the purpose of influencing or rewarding the action of 

any employee, agent, or representative of another in relation to the 

business of the employer of such employee, the principal of such 

agent or the represented party, without the lmowledge of such employer, principal or party. This provision shall not be construed 

to prohibit free and general distribution of articles commonly used 

for advertising except so far as such articles are actually used for 

commercial bribery a hereinabove defined. 

Section 2 is hereby amended to read as follows : 

SECTION 2. Any deviation from the provisions of this Code, or any 

amendments thereto, by any member of the Industry, either directly 
UNIVERSITY OF FLORIDA 

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6 3 1262 08856 1237 

or indir tly, shall be c n icl r d an nnfn ir method of comp tition 

and a ,·ioJ ation of thi: Co 1 by su h m mb"r. 

\.nTr LE XI 

Ther i'"' h r 1 ' a l lecl nt the end of Article X a new arti 1 numbered Art.icl XI to read a follow 

AnTI LE XI-EFFECTI\ E ATE F A IENDMENTS 

The for o·oino- am n 1m nt hall be orne effective on the date of 

approval by the Admini trator. 

A pr roY c1 ode No. 154- Amendment No. 1. 

Registry No. 113G--01. 

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